Sunrose Ltd v Othneil Martin, Felix Mitchell

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIl, DIVISION

CLAIM NO. C.L. S. 195 of 2001

BETWEEN SUNROSE LIMITED CLAIMANT

AND OTHNEIL MARTIN 1 ST DEFENDANT

AND FELIX MITCHELL 2ND DEFENDANT

Miss Suzette Wolfe and Miss Celia Barclay instructed by Crafton S. Miller

and Co. for Claimant

Mr. Ian Wilkinson and Miss Shashawa Grant instructed by Ian G. Wilkinson

C' and Co. for the 1 st Defendant

Mr. Debayo Adedipe for the 2" Defendant

Execution - Writ of Possession - Whether Bailiff liable for any loss occurring

during execution - Whether Bailiff the agent of the owner of the land

April 2,3,4 and 25,2008

BROOKS, J.

In March 1997, at Mr. Othniel Martin's request, this court issued a

writ of possessioil for his tenant, Sunrose Limited, to be evicted and for

(.\/ - possession of the leased land to be delivered to him. The writ was entrusted

to the Bailiff for the parish of Manchester, who was then Mr. Felix Mitchell.

The execution commenced on gth March. It was a large undertaking.

According to Sunrose, by the time the execution was eventually completed

on the 1 lth March, its products, materials, tools and equipment had been

damaged, destroyed or stolen. It seeks to recover in trespass, from Mr.

Martin and the bailiff, compensation for its loss.